Ottawa City Council

Report Recommendation(s)

That at its meeting of December 7, 2022, Council consider and approve the following recommendations related to the Council and Committee structure, policies, procedures and other related matters:

PART I – COUNCIL, STANDING COMMITTEES AND RELATED MATTERS

STANDING COMMITTEES, SUB-COMMITTEE AND TRANSIT COMMISSION

1. Approve the following Council Committee structure for the 2022-2026 Term of Council, as described in this report, effective immediately:
   1. Agriculture and Rural Affairs Committee;
   2. Audit Committee;
   3. Community Services Committee;
   4. Debenture Committee;
   5. Emergency Preparedness and Protective Services Committee;
   6. Environment and Climate Change Committee;
   7. Finance and Economic Development Committee;
   8. Planning and Housing Committee and its associated Sub-Committee:
      1. Built Heritage Sub-Committee;
   9. Transit Commission; and
   10. Transportation Committee;
2. Approve amendments to the Audit Committee Terms of Reference to formalize the budget approval process with respect to the Office of the Auditor General, as described in this report;
3. Approve that, in addition to their existing authority to jointly add debenture by-laws to a Debenture Committee meeting agenda for approval, the Chief Financial Officer/Treasurer and City Manager have the authority to jointly add debenture by-laws to a City Council meeting agenda for approval provided that notice is given at least 48 hours prior to the Council meeting, as described in this report;
4. Approve the following with respect to the Finance and Economic Development Committee, as described in this report:
   1. The membership of the Finance and Economic Development Committee; and
   2. Amendments to the Finance and Economic Development Committee’s Terms of Reference, to:
      1. Incorporate the former Information Technology (IT) Sub-Committee’s mandate with respect to IT matters; and
      2. Provide that the Committee oversee and make recommendations to Council on the implementation of the Women and Gender Equity Strategy, Reconciliation Action Plan, Anti-Racism Strategy and Corporate Diversity and Inclusion Plan;
5. Approve amendments to the Planning and Housing Committee’s Terms of Reference to set out the Committee’s expanded mandate with respect to housing matters;
6. Approve that annual information reports regarding heritage permits issued under delegated authority be routed from the Built Heritage Sub-Committee to Council, as described in this report;
7. Approve the following with respect to the Transit Commission, as described in this report:
   1. The membership of the Transit Commission;
   2. Direct staff to begin the process of establishing a transit advisory body composed of public members, including at least one user of Para Transpo; and
   3. Amend the Transit Commission’s Terms of Reference to include receiving, considering and referring to Council for approval the annual compliance report from the City’s Regulatory Monitor and Compliance Officer;
8. Approve the Council, Committee and Commission calendar and meeting locations as described in this report;
9. Approve that Chairs and Vice-Chairs be appointed until Council considers the 2022-2026 Mid-term Governance Review report, as described in this report;
10. Approve the Nominating Committee mandate and process as described in this report;
11. Approve the Ward- and position-specific appointments set out in Document 2;
12. Approve that the revised Terms of Reference for Standing Committees, the Transit Commission and the Built Heritage Sub-Committee be submitted in draft form to the respective Committees/Commission at their first meeting in 2023 for consideration and recommendation to Council for approval;
    

OTHER COMMITTEES OF COUNCIL

13. Approve the membership of the Committee of Revision as described in this report;

ADVISORY COMMITTEES AND RELATED BODIES

14. Approve the following with respect to Advisory Committees and other City of Ottawa advisory bodies, as described in this report:

1. Direct the City Clerk to bring forward to the Finance and Economic Development Committee and Council in Q2 of 2023 a report and recommendations regarding matters relating to advisory bodies such as Advisory Committees, Council Sponsors Groups, Community Advisory Tables and the proposed new transit advisory body;
2. That the Advisory Committees and their membership established during the 2018-2022 Term of Council shall continue on an interim basis, with the Advisory Committees meeting as required in the format outlined in this report should staff or Council have a need to consult with them on time-sensitive matters within their respective mandates, until Council considers the City Clerk’s report and recommendations with respect to advisory bodies;
3. That despite clause (b), recruitment and appointment for the membership of the mandatory statutory Accessibility Advisory Committee shall proceed in accordance with the timelines and process of the City’s broader public recruitment process in early 2023; and
4. The meeting schedule and reporting relationship for the Accessibility Advisory Committee;

15. Approve the following with respect to public appointments to Advisory Committees and other bodies:

1. Amendments to the Appointment Policy as described in this report and in Document 3; and
2. The revised Advisory Committee Participation Expense Policy as described in this report and in Document 4;

OTHER COUNCIL AND STANDING COMMITTEE CHANGES AND UPDATES

16. Approve the 2023-2026 tax- and rate-supported budget process, as outlined in this report;

17. Approve the continuation of electronic participation in hybrid Council, Standing Committee and Sub-Committee meetings, as described in this report;

18. Receive the list of closed outstanding Inquiries from the 2018-2022 Term of Council, attached as Document 5;

19. Approve that Council-appointed public members be required to complete the City’s mandatory training with respect to the Accessibility for Ontarians with Disabilities Act, 2005 and the Occupational Health and Safety Act, as described in this report;

20. Approve amendments to the standard Council and Committee report template to include the mandatory and “mandatory if applicable” Implications sections described in this report; and

21. Approve that City Council meeting and voting records shall be made available through the City of Ottawa open data catalogue, as described in this report;

WHEREAS, pursuant to Subsection 94(2) of the Procedure By-law, the first meeting of the Nominating Committee has been scheduled for 1 PM. Tuesday, December 13, 2022, with its report rising for consideration at the City Council meeting on Wednesday, December 14, 2022.

THEREFORE BE IT RESOLVED that Council approve the appointment of the following members of Council to serve as the Nominating Committee, including the Mayor as Chair, to make recommendations to Council on appointments of members of Council to Standing Committees, Sub-Committees, Boards and the Selection Panels, and other appointments as set out in the Governance Report:

1. Councillor Curry
2. Councillor Gower
3. Councillor Kavanagh 
4. Councillor Kitts
5. Councillor Tierney
6. Mayor Mark Sutcliffe (Chair) 

That Councillor R. Brockington be appointed to the Nominating Committee. 

WHEREAS the current name of the Finance and Economic Development Committee does not fully reflect the terms of reference of the committee,

THEREFORE BE IT RESOLVED that the committee be renamed the Finance and Corporate Services Committee.

WHEREAS the 2022-2026 Council Governance review report recommends maintaining the Built Heritage Sub-committee, requiring most matters still to rise to Planning Committee to be considered and approved before rising to Council; and

WHEREAS as many as 14 other Ontario municipalities including Toronto, Waterloo, Guelph, and Kingston have heritage committees which report directly to their City Councils; and

WHEREAS heritage matters are not exclusively a subset of planning matters in the Province of Ontario and are governed by the Ontario Heritage Act; and

WHEREAS Ottawa is the Nation’s Capital, reposed with Canadian history and built heritage, which represent the rich cultural stories of our national collective past; and

WHEREAS Ottawa is also reposed with the rich local history and built history of the amalgamated villages, towns and cities which now form the City of Ottawa; and

WHEREAS the intention of the City’s heritage program is to become a corporate champion for equity and diversity through the narration of the history of marginalized and historically overlooked Ottawa residents, which will require strong leadership from the municipal heritage committee; and

WHEREAS changes to the Ontario Heritage Act through Bill 23 (More Homes Built Faster Act, 2022) have fundamentally impacted the City’s ability to recognize and protect significant cultural heritage resources; and

WHEREAS new statutory timelines and limitations imposed through Bill 23 (More Homes Built Faster Act, 2022), Bill 108 (More Homes, More Choice Act, 2019) and Bill 109 (More Homes for Everyone Act, 2022) will require the City of Ottawa to be more agile in dealing with heritage matters, which is made difficult through the Built Heritage Sub-committee structure which requires reporting through the Planning Committee; and

WHEREAS promoting the Sub-Committee to a full Standing Committee would demonstrate Council’s enhanced commitment to champion our City’s history, particularly considering the newfound limitations imposed by Bill 23 (More Homes Built Faster Act, 2022); and

WHEREAS the new Built Heritage Committee would be comprised of a combination of expertise from volunteer members with a majority of Councillors (five members), comprising a strong, capable committee to form its own decisions and advice to Council; and

WHEREAS of the five Council members on the new Built Heritage Committee, one member will sit on Planning Committee, and one will sit on the Agricultural and Rural Affairs Committee, allowing for cross pollination between committees; and

WHEREAS the new Built Heritage Committee would benefit from having more of an advocacy role, providing advice to Council on important heritage matters in the City and not just heritage applications under the Ontario Heritage Act.

THEREFORE BE IT RESOLVED THAT the 2022-2026 Council Governance review report be amended to include the creation of a full Built Heritage Standing Committee, which will include:

1.    Five (5) Members of Council including at least:
One (1) member of the Planning Committee
One (1) member of the Agriculture and Rural Affairs Committee; and, One (1) member of Council whose ward encompasses a Heritage Conservation District; and,
Four (4) citizen members, with appropriate experience, appointed by Council with at least one of the citizen members that resides within a Heritage Conservation District.
The Mayor is an ex-officio member of the Committee.

2.    Report directly to Council on Heritage matters; and

3.    Where applicable, heritage applications that have an associated planning application would continue to be considered jointly by Planning Committee, as is current practice.

WHEREAS the City of Ottawa’s Light Rail Transit projects are the largest infrastructure projects in the history of the City, and it is critically important that these projects receive specific, focused attention by Council to enhance public accountability and transparency on the Confederation Line and Trillium Light Rail projects; and
 
WHEREAS the Mayor and Council believe that Ottawa’s Light Rail Transit projects should receive more focused attention by City Council in order to ensure that they are built, operated and maintained in accordance with the Project Agreements and the public’s expectations for safe, reliable transit service; and
 
WHEREAS the Confederation Line Light Rail project falls under the mandate of the Finance and Economic Development Committee with respect to having 
“oversight and report[ing] to Council on all matters related to the Stage 1 and 2 LRT projects, excluding those assigned by Council to other Standing Committees and the Transit Commission, including procurement, contract award, and construction progress” and the Transit Commission has the mandate to “provide direction on, and ensure the implementation of, policies and programs with respect to the operation of Transit Services”; and
 
WHEREAS sub-committees have been used to address specific, high-priority on-going mandates of the Standing Committees they report to, and allow for regular monitoring and progress on those areas; and
 
WHEREAS sub-committees allow for increased and focused review and public input at critical stages throughout the duration of a project or initiative; and
 
WHEREAS the Ottawa Light Rail Transit Public Inquiry had recommendations specifically related to governance and Council oversight with respect to Light Rail, as well as lessons learned, which will be further explored in the companion report to be prepared by staff; and
 
WHEREAS other third-party reviews of the City’s light rail transit system are expected, and these would also benefit from a focused review; 
 
THEREFORE BE IT RESOLVED that City Council establish a Light Rail Sub-committee of Council to provide oversight over non-operational matters related to the Confederation Line 1 and the construction of Confederation Stage 2 and Trillium Lines; and
 
BE IT FURTHER RESOLVED that the membership of this sub-committee be comprised of five Members of Council including the Chair of Transportation Committee and the Chair of the Transit Commission, with the remaining membership composed of elected representatives who have expressed a specific interest or expertise in the mandate of the sub-committee; and
 
BE IT FURTHER RESOLVED that the City Clerk be directed to develop Terms of Reference for the Light Rail Sub-committee that includes staff reporting regularly on the exercise of their delegated authority related to all light rail projects and the reporting of the independent safety commissioner, on issues related to the Ottawa Light Rail Public Inquiry, identify a routing from the Sub-committee to Transit Commission and FEDCO where appropriate and also make recommendations on items directly related to decisions regarding strategic and governance matters for Council consideration, and present those draft Terms of Reference in the normal course.

WHEREAS the issue and substance of the City’s management of its transit system, as well as questions over the City’s transparency in providing oversight on transit, have so recently and vividly been brought into question; and

WHEREAS several of the recommendations put forward by Commissioner Hourigan in the OLRT Commission Report speak to the need for transparency in both process and communication; and

WHEREAS in the Governance Review the Mayor recommends that “the Transit Commission would be composed of elected officials for the 2022-2026 Term of Council”, thereby eliminating the inclusion of citizen appointees on said commission; and

WHEREAS Recommendation 14 of the Governance Review directs the City Clerk to “bring forward to FEDCO and Council in Q2 of 2023, a report and recommendations regarding matters relating to advisory bodies such as Advisory Committees…and the proposed new transit advisory body”; and

WHEREAS the approval of said process and timeline to establish a transit advisory body composed of public members would result in there being no formal citizen representation on transit matters until at least June 2023; and

WHEREAS our Governance review procedures allow for changes and amendments to Committee structures at Council’s mid-term review;

THEREFORE BE IT RESOLVED THAT Council defer the recommendation to eliminate citizen representation on Transit Commission until no later than the mid-term governance review, with the full context of the Clerk’s Q2 2023 recommendations relating to advisory bodies; and

BE IT FURTHER RESOLVED that the public Transit Commissioner positions be included in the ongoing Public Member Recruitment Process, with a preliminary term of up to 2 years to coincide with the Mid-Term Governance Review.

WHEREAS the 2022-2026 Council Governance Review recommends the establishment of Transit Advisory Board composed of public members, including at least one user of Para Transpo;

WHEREAS the Advisory Board would be responsible for providing advice to Transit Commission on matters that fall within its mandate, and would be a source of expertise and real-world experience on matters related to transit, as well as a forum for the public to identify emerging issues.

WHEREAS unionized OC Transpo employees are a vital part of delivering quality transit, operational insight and expertise, and can provide a valuable perspective of the transit system;

THEREFORE BE IT RESOLVED that the Transit Advisory Board include one active member from an OC Transpo union involved in the operation of the transit service.

BE IT RESOLVED that Transit Commission host two informal sessions between the Transit Commission, OC Transpo Management and Union executives that represent OC Transpo employees during the 2022-2026 Term of Council (this would be similar to a ‘Meet and Greet’ and not a formal sit-down); and

BE IT FURTHER RESOLVED that a formal segment on the Transit Commission’s agenda be created whereby each Union representing OC Transpo employees be afforded the opportunity, once a year, to provide a presentation on their members main issues / concerns.

WHEREAS OC Transpo Performance measures fall into four categories: safety, ridership, customer service, and service reliability and

WHEREAS These categories, and the specific measures, have been selected to portray the many aspects of transit service that customers experience and;

WHEREAS in the field of public transportation, safety concerns disproportionately affect women, non-binary, transgender, and gender non-conforming people without access to a vehicle, and;

WHEREAS OC Transpo and the City of Ottawa focuses on creating a more accessible transit environment for all and to be leaders in creating models that enhance mobility and accessibility for marginalized genders and;

WHEREAS Women and gender diverse persons coming from intersectional backgrounds face complex and multi-layered forms of discrimination and barriers, and are at a higher risk of poverty, and gender-based violence and;

WHEREAS In April 2021, the Women and Gender Equity Strategy was approved by Ottawa City Council. The strategy aims to ensure City services, strategies, and plans integrate a women and gender lens and proactively promote women and gender equity and;

WHEREAS phase two of the WGE strategy aims to make meaningful change in the City by collaborating with the community to define how Ottawa can reach its goal of achieving gender equity and;

WHEREAS the City began to participate in UN Women’s global flagship initiative, Safe Cities and Safe Public Spaces an initiative, spanning 55 cities in 32 countries, supports efforts by local and national governments to prevent and respond to sexual and other forms of gender-based violence against women and girls in public spaces.

THEREFORE BE IT RESOLVED that the City’s Transit Advisory Committee include a broader equity lens and reflect a diverse cross section of our OC Transpo ridership; and

THEREFORE BE IT FURTHER RESOLVED that members consist of 50% plus 1 of women, non-binary, transgender, and gender non-conforming persons.

WHEREAS the Office of the Auditor General is empowered under the Municipal Act, 2001, and the Auditor General By-law, being By-law No. 2021-5 to be an independent, statutory officer who reports directly to City Council and is responsible for assisting Council in holding itself and its administrators accountable for the quality of stewardship over public funds and for the achievement of value for money in municipal operations; and
 
WHEREAS the Office of the Auditor General has previously undertaken audit functions focused on reviewing the efficiency of programs and service delivery targets; and
 
WHEREAS the Office of the Auditor General has the ability to retain external support to assist in program and services reviews; and
  
WHEREAS the 2023 Budget process is an expedited process due to the recent municipal election and a focused and comprehensive review of the City’s services and programs could inform the development of the 2024 budget and future budgets;
 
THEREFORE BE IT RESOLVED that Council request that the Office of the Auditor General consider undertaking an audit, constituting a comprehensive program and service review, in advance of the development of the 2024 Budget; and 

THEREFORE BE IT RESOLVED that Council request that the Office of the Auditor General consider undertaking an audit, constituting a comprehensive program and service review, in advance of the development of the 2024 Budget; and 

BE IT FURTHER RESOLVED that an upper limit of $300,000 be allocated from the Tax Stabilization Reserve to the Office of the Auditor General to cover the costs incurred by this review; and

BE IT FURTHER RESOLVED that Council request at the first meeting of the Finance & Economic Development Committee, that the Committee consider undertaking an immediate financial review to identify savings and efficiencies that could be recognized in the 2023 budget and future budgets in parallel with a longer-term structural review being undertaken by the Office of the Auditor General.

WHEREAS the City is facing significant budget pressures caused by inflation, the covid pandemic and other government decisions; and

WHEREAS for the City to maintain a tax rate that residents consider to be manageable the City needs to continue to seek efficiencies in its operations; and

WHEREAS finding efficiencies requires knowledge of City operations and services as well as a process that involves both internal and external subject matter expertise; and

WHEREAS other cities and public institutions have undergone resource optimization initiatives within a reasonably short time frames; and

WHEREAS the majority of the citizens of Ottawa supported maintaining tax increases between 2 per cent and 2.5 per cent for 2023-2024 without cutting City services to residents; and

WHEREAS a budget review process that could include a line item or branch review needs to be established; and

WHEREAS the governance report references greater transparency and tools to review the budget for both Council and citizens; and

WHEREAS the Auditor General routinely reviews various City branches and activities for value for money and program effectiveness;

THEREFORE, BE IT RESOLVED that the Finance and Economic Development Committee at its first meeting consider and propose a process to expedite a comprehensive program and service review including consideration of the extent to which the services of the Auditor General could be employed, other expertise engaged, or a working group established involving Councillors, external subject matter experts and staff to complete the reviews.

That the two motions (Motion No. 03/11) from Councillor Brown and (Motion No. 03/12) from Councillor Curry be deferred until the next Council meeting on Wednesday, December 14th. 

WHEREAS City Council will appoint its representatives to various municipal organizations through the Nominating Committee process; and
 
WHEREAS Councillor Riley Brockington was re-elected in August 2022 to the Association of Municipalities Ontario (AMO) Board of Directors as Director, Regional and Single Tier Caucus, for a two-year period, further to his appointment as Council’s representative to AMO in December 2018 and Council’s approval on June 8, 2022, of a motion supporting him to stand for re-election to the AMO Board; and
 
WHEREAS the City of Ottawa is a member in good standing with the Ontario Good Roads Association (OGRA), and although Council has not appointed a Council representative to this organization in recent terms, at least one Member has expressed interest in being a representative for the 2022-2026 Term of Council;
 
THEREFORE BE IT RESOLVED that Council approve Councillor Riley Brockington as the Ottawa City Council representative to the Association of Municipalities Ontario (AMO) until the 2022-2026 Mid-term Governance Review; and
 
BE IT FURTHER RESOLVED that Council direct staff to include the Ontario Good Roads Association (OGRA) in the Nominating Committee process as a municipal organization to which Council will appoint a representative.

WHEREAS on June 24, 2009, Council considered the 2006-2010 Mid-term Governance Review (ACS2009-CMR-CCB-0043) and amended the City’s report template and processes to give Ward Councillor(s) the opportunity to provide formal comments on staff reports related to an identifiable ward(s); and

WHEREAS having an opportunity to provide formal comments on staff reports related to their ward allows Members to communicate their unique perspective on the report content and recommendation(s), including their awareness of ongoing local concerns or positive feedback regarding issues addressed in the report; and

WHEREAS comments by Ward Councillors whose wards are affected by a report are currently included in the “Comments by the Ward Councillor(s)” section of the corporate standard Council and Committee report template, with the exception of when the report is about a City-wide item, in which case the section does not apply; and

WHEREAS including as a standard practice an opportunity for Ward Councillor(s) whose ward(s) are directly affected by a significant City-wide item (e.g., involving high-profile or sensitive matters as described in the Delegation of Powers Policy) to provide formal comments in the staff report would allow for those Members to convey key information about such projects; and 

WHEREAS Councillor comments have on occasion been solicited and included in reports on City-wide items that directly affect a particular ward; and

WHEREAS the city’s practice should be consistent on this point; and

WHEREAS consideration of the 2022-2026 Council Governance Review is an appropriate opportunity to examine this matter and include additional amendments to the standard Council and Committee report template;

THEREFORE BE IT RESOLVED that Council direct the Office of the City Clerk to amend the standard Council and Committee report template to require that reports about significant City-wide items include briefings in advance of the report publication and formal comments by Ward Councillor(s) whose ward(s) are directly affected by the issue, as described in this motion.

WHEREAS on November 28, 2007, Council approved the Accountability and Transparency Policy, which states that the City of Ottawa will promote accountable and transparent municipal governance guided by, among other matters, the principle that decision-making will be open and transparent; and

WHEREAS reports prepared by City staff for Standing Committee and Council consideration include specific recommendation(s) generally developed by City staff; and

WHEREAS on policy matters of City-wide significance, staff commonly consider more than one option in their analysis of the issue before developing the specific recommendation(s) for Committee and Council consideration; and

WHEREAS including additional information in staff reports regarding options staff considered and why staff ultimately brought forward their specific recommendation(s) would be consistent with principles of the Accountability and Transparency Policy and would enrich feedback Members receive from their constituents on those matters, helping Members to better represent constituents’ interests and be more broadly informed on the matters in general; and

WHEREAS including options better allows municipal legislators to undertake a democratic evaluation of policy decisions;

THEREFORE BE IT RESOLVED that Council direct staff to describe in staff reports for policy matters of City-wide significance any other options considered and reasons why those options were or were not ultimately recommended.  

WHEREAS Subsection 33(12) of the Procedure By-law provides that all outstanding inquiries shall be deemed closed at the end of a Term of Council and, at the beginning of each new Term of Council, the Office of the City Clerk shall provide the new Council with a list of inquiries that have been closed under this provision so that Councillors may decide if they wish to resurrect any Inquiries submitted by Members of the previous Council; and

WHREAS Document 5 includes the list of closed outstanding inquiries from the 2018-2022 Term of Council, including six from former Members of Council and five from returning Members; and 

WHEREAS, unlike Inquiries, outstanding directions and Motions from former Members of Council remain active, and in accordance with Subsection 33(11) of the Procedure By-law, would only be closed with Council’s approval, and only after staff report back with a recommendation based on their belief that believe the intent of the motion, direction has been competed through alternate action or is no longer in keeping with Council’s strategic priorities; and 

WHEREAS it would be beneficial for the incoming Council and the public to benefit from the information that would be provided in response to the outstanding inquiries, including those submitted by former Members of Council; 

THEREFORE BE IT RESOLVED that Council approve that the outstanding inquiries listed in Document 5 remain open so that staff may respond, and the responses listed publicly on the relevant Committee or Council agenda in due course; and 

BE IT FURTHER RESOLVED that the Office of the City Clerk continue to track and regularly report to Council and the relevant Committees the status of all outstanding inquiries, motions and directions in accordance with Subsection 33(4) of the Procedure By-law and the existing Council Inquiry/ Motion tracking process. 

WHEREAS the 2022-2026 Council Governance Review includes the direction, “14. a. Direct the City Clerk to bring forward to the Finance and Economic Development Committee and Council in Q2 of 2023 a report and recommendations regarding matters relating to advisory bodies such as Advisory Committees, Council Sponsors Groups, Community Advisory Tables and the proposed new transit body”; and

WHEREAS the 2022-2026 Council Governance Review states that, “The original structure of the City’s Advisory Committees was largely established in 2000 (at amalgamation) by the Ottawa Transition Board and based on a model that had been used at the former City of Ottawa for many years. Under this model, Advisory Committees were responsible for providing advice to City Council on matters that fell within their respective mandates, and also served as a forum for the public to identify emerging issues. Over the years, Advisory Committees were often used by staff as the de facto public consultation vehicle. Advisory Committees were last reviewed in 2012.”; and

WHEREAS Advisory Committees can and should have a formal role advising Members of Council and staff about specific issues and that a well-defined and respectful role for citizens will strengthen our democracy through improved public participation; and

WHEREAS in the wake of the OLRT Commission report, it is essential for Council to show that we are willing to rebuild the public’s trust in the City’s accountability and transparency commitments; and

THEREFORE BE IT RESOLVED THAT Council strike a working group to work with the City Clerk to develop the report on Advisory Committees, Council Sponsors Groups, Community Advisory Tables, and the proposed new transit advisory body comprised of up to 5 Members of Council that do not form a quorum of any Standing Committee, and staff representatives from each City department; and 

BE IT FURTHER RESOLVED that a circulation for interest be undertaken for the Councillor representatives as part of the Nominating Committee process. 

WHEREAS French and English are the official languages of Canada, and the City of Ottawa recognizes both official languages as having the same rights, status and privileges; and

WHEREAS La Francophonie population in Canada consists of nearly 7 million people, with approximately a quarter of Franco-Ontarians living in the Ottawa area;
 
WHEREAS 39 per cent of Ottawa residents speak French, according to 2016 Census data;

THEREFORE BE IT RESOLVED that the Purpose section of the Appointment Policy, set out as Document 3, be amended as follows:

“To encourage participation, the City will adopt proactive communications, policies and focused recruitment strategies that align with the City’s Accessibility Policy, Women and Gender Equity Strategy, and Anti-Racism Strategy. This proactive approach is adopted with the purpose of reflecting Ottawa’s diverse demography inclusive of Indigenous peoples, members of Black and other racialized communities, persons with disabilities, women, gender diverse people, members of the 2SLGBTQQIA+communities, Francophones, as well as French speakers, and speakers of other language groups, and people from rural and urban locations”; and

BE IT FURTHER RESOLVED that Section 3.2 of the Appointment Policy be amended as follows:

“As much as possible, the membership should reflect the diversity and demographics of the City of Ottawa in such areas as Indigeneity, disability, gender, francophones and other languages, geographic representation and race.”

PART II – ACCOUNTABILITY AND TRANSPARENCY

1. Receive the 2022 Annual Report of the Integrity Commissioner, attached as Document 6;
2.  Approve amendments to the Code of Conduct for Members of Council [By-law No. 2018-400], the Code of Conduct for Members of Local Boards [By-law No. 2018-399], and the Code of Conduct for Citizen Members of the Built Heritage Sub-Committee [By-law No. 2018-401] as described in this report and in Documents 7 to 9;
3. Approve amendments to the Community, Fundraising and Special Events Policy as described in this report and in Document 10;
4. Approve amendments to the Lobbyist Registry By-law [By-law No. 2012-309] as described in this report and in Document 11, including the Complaint Protocol attached as Document 12; and
5. Approve that memoranda issued to Council by the Senior Leadership Team and Associate General Managers shall be posted to ottawa.ca, as described in this report;

WHEREAS the Province of Ontario has made it a priority for the City of Ottawa to deliver 151,000 housing units by 2031; and

WHEREAS residents of Ottawa and the Province of Ontario will expect the City of Ottawa to make progress on housing starts on an annual basis; and

WHEREAS enhanced accountability at City Hall is a priority and key objective; and

WHEREAS the City of Ottawa has existing residential building permit data that can be made widely available and promoted to the public and stakeholders; and

WHEREAS the City of Ottawa has the ability to track residential unit approvals through development applications.

THEREFORE BE IT RESOLVED that staff report back through the upcoming Official Plan Monitoring Report on a recommended practice of reporting regularly and frequently as a standing item and as part of the Planning Chair’s report on the following:

•    number of housing units approved by the City of Ottawa
•    number of building permits issued by the City of Ottawa

BE IT FURTHER RESOLVED that the City of Ottawa communications branch promote the City of Ottawa’s progress on housing unit approvals and permits issued.

PART III – LOCAL BOARDS

1. Receive the updated listing of local boards in Document 13 and the status report on the compliance of local boards with respect to their Municipal Act, 2001 policy requirements, as described in this report;
2. Approve the interim appointment of the current public members on the Board of Health pending finalization of the selection process for the appointment of public members for the full 2022-2026 Term of Council;
3. Approve that the Chairs of the Ottawa Board of Health and the Ottawa Police Services Board each be provided with a half Full-time Equivalent (FTE) position to support their roles, to be funded by existing resources, as described in this report;
4. Approve the following with respect to the Ottawa Investment Board:
   1. Receive the update on the Ottawa Investment Board; and 
   2. Delegate the authority to appoint the members of the Ottawa Investment Board to the Selection Panel as described in this report; and
5. Direct staff to bring forward to the Planning and Housing Committee and Council in Q2 of 2023 a report and recommendations that will provide for the Ottawa Community Lands Development Corporation to focus on identifying and delivering surplus land and development opportunities for new affordable housing projects, as described in this report;

WHEREAS the Police Services Act requires City Council to appoint two Members of Council to the Ottawa Police Services Board (in addition to the Mayor), as well as a third appointee who is neither a Member of Council nor an employee of the municipality (the “Public Member”); and

WHEREAS the Police Services Act requires the Ottawa Police Services Board to annually elect a Chair from among its Membership; and

WHEREAS the position of Chair of the Police Services Board is one of significant responsibility, requiring a substantial personal commitment of time and resources;

WHEREAS as part of 2018-2022 Mid-Term Governance Review, Council approved funding for a budget credit equivalent to approximately ½ FTE to support the Chair of the Police Services Board, should a Member of Council be elected as Chair; and

WHEREAS the City of Ottawa has historically provided an honorarium to the Public Member of the Police Services Board in the amount of $12,000, where the Public Member is elected as the Chair of the Police Services Board; and

WHEREAS the City of Toronto and other large municipalities across Ontario provide for the Chair of their respective police services boards, a higher level of renumeration that is commensurate with the complexity and time requirements of the position;

WHEREAS the Office of the City Clerk is currently undertaking a recruitment process for public members to be appointed by Council to the City of Ottawa’s Boards, Committees and Agencies, including the Public Member of the Police Services Board;
 
WHEREAS the Community Safety and Policing Act, 2019 – which has been passed but not yet declared in force and is intended to replace the Police Services Act – will require City Council, when appointing or reappointing a member to the police service board, to consider the following:

•    the need to ensure that the police service board is representative of the area it serves, having regard for the diversity of the population in the area;

•    the need for the police service board to have members with the prescribed competencies, if any;

•    any applicable diversity plan; and

WHEREAS the Community Safety and Policing Act, 2019, when it comes into force, will also require City Council to “consider the results of a potential appointee’s police record check that was prepared within the past 12 months before appointing him or her as a member of a police service board"; and

WHEREAS the future requirements of the Community Safety and Policing Act, 2019, may help to inform the recruitment process for the Public Member of the Ottawa Police Services Board; and

WHEREAS a Selection Panel of Members of Council, appointed through the Nominating Committee process, will be responsible for reviewing applications for the public member position and making recommendations to Council;

THEREFORE BE IT RESOLVED that Council approve an increase in the honorarium for a Public Member of the Ottawa Police Services Board who is elected as Chair to $54,000, to be funded from the existing honorarium and the Council Administration budget credit that would otherwise go to the Constituency Services Budget of a Member of Council who is elected as Chair of the Board; and

BE IT FURTHER RESOLVED that Council direct the Office of the City Clerk to revise the recruitment process and advertisements for the Ottawa Police Services Board Public Member to reflect that Council may recommend to the Board that this Public Member be appointed as Chair, and that the candidate recommended for appointment may be required to undertake a Police Records Check; and

BE IT FURTHER RESOLVED that the Selection Panel for the Ottawa Police Services Board be directed to take into account the provisions of the Community Safety and Policing Act, 2019, when recommending the appointments to Council.

WHEREAS the 2022-2026 Council Governance Review report recommends the continuation of electronic participation in hybrid City Council, Standing Committee and Sub-Committee meetings, noting that, “Hybrid meetings allow Members, staff, and the public to participate in a manner that is safe and effective for them,” following the implementation of electronic participation and the hybrid format as a result of the COVID-19 pandemic; and

WHEREAS the Ottawa Board of Health, the Ottawa Police Services Board (OPSB) and the Ottawa Public Library Board (OPLB) play important roles with respect to municipal matters further to the City of Ottawa Act, 1999 and their respective statutory authorities; and

WHEREAS as separate statutory “local boards,” the Ottawa Board of Health, OPSB and OPLB are not required to follow the City of Ottawa’s Procedure By-law with respect to meeting proceedings, and may decide to hold their meetings in virtual, in-person and/or hybrid formats, subject to any applicable legislative requirements; and

WHEREAS holding hybrid board meetings would provide for safe and effective participation by board members, staff and members of the public, and increase accessibility and engagement with respect to these key local boards; 

THEREFORE BE IT RESOLVED that Ottawa City Council request that the Ottawa Board of Health, the Ottawa Police Services Board and the Ottawa Public Library Board allow electronic participation in meetings and hold hybrid board meetings as the standard format during the 2022-2026 term of Council, with virtual meetings on an as-needed basis, including but not limited to emergency special meetings.

PART IV – AMENDMENTS TO VARIOUS BY-LAWS, POLICIES AND RELATED MATTERS

1. Approve amendments to the Auditor General By-law as described in this report;
2. Approve amendments to the Delegation of Authority By-law as described in this report and in Document 14;
3. Approve amendments to the Procedure By-law as described in this report and in Document 15;
4. Approve amendments to the Procurement By-law as described in this report;
5. Approve amendments to the Accountability and Transparency Policy as described in this report and in Document 16;
6. Approve amendments to the Council-Staff Relations Policy as described in this report and in Document 17;
7. Approve amendments to the Council Expense Policy as described in this report and in Document 18;
8. Approve amendments to the Delegation of Powers Policy as described in this report and in Document 19;
9. Receive information regarding the approach the City Clerk will take to amend the Records Management Policy and associated policies, procedures and practices further to the Ottawa Light Rail Transit Public Inquiry;
10. Approve amendments to the Routine Disclosure and Active Dissemination Policy as described in this report and in Document 20; and
11. Approve amendments to the Statutory Officer Recruitment, Appointment and Contract Administration Policy and Procedures as described in this report and in Documents 21 and 22;

WHEREAS Document 2 of the 2022-2026 Council Governance Review report sets out the amended Procedure By-law for Council’s consideration; and

WHEREAS the Procedure By-law provides that the Mayor may close debate by speaking immediately prior to the vote, as provided for in Subsection 4(1) of the Procedure By-law as follows:

“The Mayor may state relevant facts and the Mayor’s position on any matter before the Council without leaving the chair, which may take place immediately prior to the vote…”; and 

WHREREAS Subsection 79(1) similarly provides the same opportunity for the Committee chair; and

WHEREAS the mover of a substantive motion has the opportunity to “wrap up” on their motion after all other Councillors have spoken, as outlined in Section 47 of the amended Procedure By-law as follows:

“No Member shall speak more than once to the same question without leave of the Council, except that a Member who has presented a substantive motion, may reply”; and

WHEREAS, appreciating Members may speak more than once at Committee meetings, motion movers are generally provided the ability to “wrap up” on their motions in a similar manner as Council;  

WHEREAS it would be appropriate for the mover of a motion to have the final word prior to the vote at Council and Committee, should they choose; 

THEREFORE BE IT RESOLVED that the Procedure By-law be amended with the effect that the mover of a substantive motion at Council or Committee may speak immediately prior to the vote, after the Mayor/ Chair, as follows:

Subsection 4(1) and Section 47 of the Procedure By-law be amended to read as follows:

4(1) The Mayor may state relevant facts and the Mayor’s position on any matter before the Council without leaving the chair, which, subject to Section 47, may take place immediately prior to the vote…”; and

47.    No Member shall speak more than once to the same question without leave of the Council, except that a Member who has presented a substantive motion, may reply, which, notwithstanding Subsection 4(1), may take place immediately prior to the vote”; and

BE IT FURTHER RESOLVED that Subsection 79(1) be amended and a new Subsection added to Section 81, as follows, to provide for the opportunity for a motion mover at Committee to wrap up on their motion immediately prior to the vote:

79(1) The Chair may state relevant facts and the Chair’s position on any matter before the Committee/Commission without leaving the chair, which, subject to Subsection 81(5), may take place immediately prior to the vote

NEW 81(5).    Subject to Subsection (3) and Notwithstanding Subsection 79(1), a Member who has presented a substantive motion may wrap up immediately prior to the vote

That the Bradley/King Motion be deferred to the Mid-Term Governance Review.

Carried with Councillor S. Desroches dissenting.

WHEREAS Subsection 8(1)(b) of the Procedure By-law, provides that a Council or meeting shall adjourn by 7:00 p.m., a provision that also applies to Standing Committees and Sub-Committees; and

WHEREAS The City of Ottawa recognizes the importance of work-life balance and acknowledges that employees work best when they can achieve an appropriate balance between work and all other aspects of their lives; and 

WHEREAS the City has an ongoing commitment to put our people first, promote a flexible and progressive workplace and support the wellness and work-life harmony of our employees; and

WHEREAS a number of Members of Council have young children,

THEREFORE BE IT RESOLVED THAT that Procedure By-law, Subsection 8(1)(b) amended to provide that a meeting shall adjourn by 5 p.m.

That the Plante/Devine Motion be deferred to the Mid-Term Governance Review.

WHEREAS Council adopted on July 7, 2021, the Better Homes Loan Program to provide for Residential Retrofit Projects; and

WHEREAS Council approval provided that delegated authority for the General Manager (GM) of Planning Real Estate and Economic Development (PRED), along with the City Solicitor, to list special charges bylaws on Council agenda, and provide a list of the affected properties to the relevant Ward Councillor;

WHEREAS such matter only proceeds with the consent of the homeowner(s); and

WHEREAS additional funding for the Better Homes Loan Program was approved by Council on May 11, 2022

THEREFORE BE IT RESOLVED that the Delegation of Authority By-law, Document 14, be amended to provide for the following:

That the Delegation of Authority By-law, Schedule H, be amended to include the following provision:

35A The City Solicitor is authorized to proceed directly to Council to obtain authorization for a by-law to authorize a local improvement where such has been approved in accordance with By-law 2022-134

PART V – OTHER MATTERS

1. Approve the following with respect to the appointment of Deputy Mayors for the 2022-2026 Term of Council:
   1. That Deputy Mayors be appointed in accordance with a rotation list composed of all Members of Council, as described in this report; and
   2. That the City Clerk be delegated the authority to amend the rotation list, with the concurrence of the Mayor and the impacted Members of Council, by placing an amending by-law directly on a Council agenda, as described in this report;
2. Approve that the following Council Liaison positions be established for the 2022-2026 Term of Council, as described in this report:
   1. Council Liaison for Anti-Racism and Ethnocultural Relations Initiatives;
   2. Council Liaison for Veteran and Military Issues;
   3. Council Liaison for Women and Gender Equity; and
   4. Council Liaison for the Anishinabe Algonquin Nation Civic Cultural Protocol and Implementation Plan;
3. Approve voluntary home/personal security measures for Members of Council, to be funded through existing funds in the Council Administration Budget, as described in this report;
4. Receive the 2018-2022 Term of Council’s recommendation with respect to reviews of ward populations and growth numbers; 
5. Approve the updated Councillors’ Office Manual attached as Document 23; 
6. Approve in principle the Full-time Equivalent (FTE) position for Council Support Services to support human resources-related matters for elected officials’ offices, to be funded by existing resources, as described in this report;
7. Approve that transit-related matters referred to the 2022-2026 Governance Review process by the 2018-2022 Term of Council be considered at the first meeting of the Transit Commission for the 2022-2026 Term of Council, as described in this report; and
8. Approve that the City Clerk be delegated the authority to implement changes to all related processes, procedures, policies and Terms of Reference, and to bring forward by-laws as required to implement Council’s decisions further to the approval of this report and to reflect the current organizational alignment.

WHEREAS anti-trans materials including stickers and posters have increasingly been found throughout Ottawa, demonstrating a rise of anti-trans hatred and rhetoric in our community; and 

WHEREAS anti-trans protests have targeted youth and high schools, including significant incidents outside Nepean High School in 2021 and most recently in Renfrew, advocating against gender affirming healthcare and access to gendered washrooms; and

WHEREAS anti-2SLGBTQ+ protesters have attempted to disrupt family-friendly drag story time events at public libraries and other community spaces, including recent occurrences in Peterborough and Hamilton; and

WHEREAS Ottawa-based Shopify and other businesses continue to profit through a business relationship with Libs of TikTok, an account that promotes anti-2SLGBTQ+ rhetoric and merchandise; and

WHEREAS according to a 2021 survey from the Canadian Centre for Gender and Sexual Diversity 84% of survey respondents indicated that violence against 2SLGBTQ+ youth and young adults in Ottawa needs wider attention; and

WHEREAS StatsCan shows a 107% increase in hate crimes motivated by sexual orientation from 2017 to 2021; and

WHEREAS all residents of Ottawa deserve to feel safe and welcome in public spaces, and have access to the resources they need to thrive in our community; and

WHEREAS Ottawa-based 2SLGBTQ+ organizations have a deep wealth of knowledge and research available on how specific gaps in services can be addressed; and

WHEREAS in 2021 Mayor Watson and Councillors McKenney and Kavanagh wrote to the provincial health minister in support of provincial Bill 42 (previously Bill 17), Gender Affirming Health Care Advisory Committee Act, 2022; and
WHEREAS Ottawa City Council has an opportunity to lead by example in combating these anti-2SLGBTQ+ trends; and

WHEREAS the 2022-2026 Governance Review report recommends the establishment of a Council Liaison for Women and Gender Equity; 

THEREFORE BE IT RESOLVED that the “Council Liaison for Women and Gender Equity” be re-named the “Council Liaison for Women, Gender Equity and 2SLGBTQ+ Affairs”; and

BE IT FURTHER RESOLVED that the Mayor, on behalf of City Council, write to the Premier and the Minister of Health in support of Bill 42, Gender Affirming Health Care Advisory Committee Act, 2022; and

BE IT FURTHER RESOLVED that Ottawa City Council publicly and unequivocally denounce anti-trans hate, rhetoric, and violence in the City of Ottawa; and 

BE IT FURTHER RESOLVED that Council refer the Calls to Action put forth by Ottawa Coalition to End Violence Against Women, the Canadian Centre for Gender and Sexual Diversity, the Elizabeth Fry Society and Wisdom2Action in September 2021, to staff for study and consideration in the 2023 and 2024 Budget priorities.

WHEREAS each Member of Council is provided with a Constituency Services Budget with which to operate their respective office, in accordance with the requirements of the Council Expense Policy and the Councillors’ Office Manual; and

WHEREAS the Constituency Services Budget is a global budget that covers Members’ staff compensation and non-compensation items such as community events, communications, donations and sponsorships, hospitality, and office supplies; and

WHEREAS the only increase to Members’ global Constituency Services Budgets is the annual cost of living adjustment (applied to the compensation portion of the budget only); and

WHEREAS the Councillors’ Office Manual was recently reviewed and updated for the first time since 2005 to incorporate updated policies and guidelines, enhanced office management processes and procedures, and improvements to the recruitment and hiring processes for Councillors’ Assistants approved by Council in July 2020; and

WHEREAS recent reviews have not included an examination of Members’ remuneration and budget allocation to ensure that Members have the support required to meet the demands placed on their offices and that compensation for Members and their staff is keeping pace relative to the organization and other peer groups; 

THEREFORE BE IT RESOLVED that Council direct the Office of the City Clerk to retain an independent third-party, funded from the Council Administration Services Budget, to conduct a review of the funding allocation for Members’ Constituency Services Budgets, the pay scales and job descriptions for Councillors’ Assistants, and remuneration for Members of Council; and 

BE IT FURTHER RESOLVED that recommendations further to that independent third-party review be included as part of the 2022-2026 Mid-term Governance Review.

Report Recommendations

That Council approve the following:

1. The approach and timetable for consultation and consideration of the 2023 budget as outlined in the report.
2. The following directions for developing the draft 2023 budget:
   1. That the municipal tax increase be set between 2 and 2.5 per cent overall inclusive of the following:
      1. The city-wide tax levy, which includes funding for Library and Public Heath be increased by 2 to 2.5 percent for 2023 and that Council request that the Library and Public Health Boards develop their draft budgets based on the pro rata share of this tax increase;
      2. The Police Services levy be increased by 2 to 2.5 percent and that Council request that the Police Services Board develop their draft budget based on this tax increase;
      3. That the Transit levy be increased by 2 to 2.5 percent and that Council request that the Transit Commission develop their draft budget based on this tax increase.
   2. That the assessment growth taxation revenues generated from new properties be estimated at 2.2 per cent of the current taxation for 2023 and that Council request that the Library, Public Health, Police Services Boards and the Transit Commission develop their budgets within this allocation.
   3. That City user fees and charges increase in accordance with the direction outlined in the Fiscal Framework or the Long Range Financial Plans.
   4. That the Garbage Fee be increased in accordance with the approved Solid Waste Residential Collections Contracts report and to address the capital investments required for this service per the four-year capital spending plan.
   5. That the draft 2023 Capital Budget be developed in accordance with the direction outlined in the 2019 Development Charge (DC) Background Study, Long Range Financial Plans and Fiscal Framework.
   6. That the draft 2023 rate supported budget be developed in accordance with the approved 2017 Long Range Financial Plan V - Water, Wastewater and Stormwater.

WHEREAS the Police Services Act requires City Council to appoint two Members of Council to the Ottawa Police Services Board (in addition to the Mayor), as well as a third appointee who is neither a Member of Council nor an employee of the municipality (the “Public Member”); and 

WHEREAS the Police Services Act requires the Ottawa Police Services Board to annually elect a Chair from among its Membership; and

WHEREAS the position of Chair of the Police Services Board is one of significant responsibility, requiring a substantial personal commitment of time and resources;

WHEREAS as part of 2018-2022 Mid-Term Governance Review, Council approved funding for a budget credit equivalent to approximately ½ FTE to support the Chair of the Police Services Board, should a Member of Council be elected as Chair; and

WHEREAS the City of Ottawa has historically provided an honorarium to the Public Member of the Police Services Board in the amount of $12,000, where the Public Member is elected as the Chair of the Police Services Board; and

 WHEREAS the City of Toronto and other large municipalities across Ontario provide for the Chair of their respective police services boards, a higher level of renumeration that is commensurate with the complexity and time requirements of the position;

WHEREAS the Office of the City Clerk is currently undertaking a recruitment process for public members to be appointed by Council to the City of Ottawa’s Boards, Committees and Agencies, including the Public Member of the Police Services Board;

WHEREAS the Community Safety and Policing Act, 2019 – which has been passed but not yet declared in force and is intended to replace the Police Services Act – will require City Council, when appointing or reappointing a member to the police service board, to consider the following:

• the need to ensure that the police service board is representative of the area it serves, having regard for the diversity of the population in the area;
• the need for the police service board to have members with the prescribed competencies, if any; 
• any applicable diversity plan; and

WHEREAS the Community Safety and Policing Act, 2019, when it comes into force, will also require City Council to “consider the results of a potential appointee’s police record check that was prepared within the past 12 months before appointing him or her as a member of a police service board"; and

WHEREAS the future requirements of the Community Safety and Policing Act, 2019, may help to inform the recruitment process for the Public Member of the Ottawa Police Services Board; and

WHEREAS a Selection Panel of Members of Council, appointed through the Nominating Committee process, will be responsible for reviewing applications for the public member position and making recommendations to Council;  

THEREFORE BE IT RESOLVED that Council approve an increase in the honorarium for a Public Member of the Ottawa Police Services Board who is elected as Chair to $54,000, to be funded from the existing honorarium and the Council Administration budget credit that would otherwise go to the Constituency Services Budget of a Member of Council who is elected as Chair of the Board; and

BE IT FURTHER RESOLVED that Council direct the Office of the City Clerk to revise the recruitment process and advertisements for the Ottawa Police Services Board Public Member to reflect that Council may recommend to the Board that this Public Member be appointed as Chair, and that the candidate recommended for appointment may be required to undertake a Police Records Check; and

BE IT FURTHER RESOLVED that the Selection Panel for the Ottawa Police Services Board be directed to take into account the provisions of the Community Safety and Policing Act, 2019, when recommending the appointments to Council.

*Please note this motion was dealt with as part of the Governance report (Motion 2022-03/21)

WHEREAS the Alcohol and Gaming Commission of Ontario (AGCO) has introduced a Manufacturer’s Limited Liquor Sales license (also known as a “By the Glass” license) to permit Ontario alcoholic beverage producers that already hold a manufacturer’s license from the AGCO to sell and serve their own beverages to patrons for consumption in single servings at their manufacturing sites under certain conditions; and

WHEREAS, because "By the Glass" license applicants are exempt from the public advertising process, the AGCO requires a resolution from the municipal council indicating the support of the local community for “By the Glass” licenses as part of the application for this license; and

WHEREAS the existing Council resolution, passed January 30, 2021 is set to expire on December 31, 2022; and

WHEREAS given the economic development potential of the alcoholic beverage manufacturing industry, it is desirable to proactively provide support to existing manufacturers that wish to apply to the AGCO for a Manufacturer’s Limited Liquor Sales license (“By-the Glass” license);  

THEREFORE BE IT RESOLVED that City Council hereby supports the application of any manufacturer already duly licensed by the AGCO in the City of Ottawa seeking a Manufacturer’s Limited Liquor Sales License (“By the Glass” license) from the AGCO, until revoked by Council or the AGCO changes the requirements.

That the Rules of Procedure be suspended to consider the following motion as the summit will take place prior to the next City Council meeting.

WHEREAS the 15th Conference of the Parties (COP15) to the United Nations Convention on Biological Diversity is taking place in Montréal from December 7-19, 2022; and 

WHEREAS COP 15 will focus on protecting nature and halting biodiversity loss around the world; and 

WHEREAS the City of Ottawa, through its Climate Change Master Plan, specifically recognizes the crucial role that cities and local governments play in the pursuit of a sustainable future through mainstreaming biodiversity and nature-based solutions into planning at the local level; and 

WHEREAS there is an urgent need for municipalities to halt and reverse the alarming loss of biodiversity; and 

WHEREAS COP 15 will also host the 7th Summit for Subnational Governments & Cities on December 11 and 12, 2022, where municipalities are invited to learn more about how local governments can promote and protect biodiversity; 

WHEREAS Members of Council must have the authority to represent the City of Ottawa, which may be done by a resolution of Council; and 

WHEREAS Councillors Marty Carr (Alta Vista) and Stéphanie Plante (Rideau-Vanier) have expressed interest in attending the 7th Summit for Subnational Government and Cities; and

WHEREAS any travel expenses associated with participation in the Summit would be covered by existing resources from the Members’ Constituency Services Budgets and/ or the Members’ annual training credit from the Council Administration Budget; and

WHEREAS in accordance with the Council Expense Policy, the Members would report to the relevant Standing Committee in the new year detailing their experiences, what they learned at the conference and how the City’s position or interests were advanced at this event; 

THEREFORE BE IT RESOLVED THAT Councillors Carr and Plante, and any other Members of Council who wish to attend, be declared delegates from the City of Ottawa in order to attend the 7th Summit for Subnational Governments & Cities on December 11 and 12, 2022.

That the Rules of Procedure be suspended to consider the following motion:

WHEREAS, Mooney’s Bay Park, located between the Rideau River and Riverside Drive in River Ward is approximately 88 acres in size, is well visited during the year and has multiple amenities for all four seasons; and

WHEREAS the Park is located on NCC land and the City operates recreational services as part of a 50-year lease; and

WHEREAS winter amenities/activities in the Park include, a 5km groomed cross country ski trail, groomed walking trails, snowshoeing trails, New Year’s Day polar plunge and tobogganing; and

WHEREAS tobogganing has been a winter activity on Mooney’s Bay Hill for decades; and

WHEREAS the City of Ottawa hosts a number of sanctioned toboggan hills across the city and is aware of a number of unsanctioned hills in use by the public; and

WHEREAS Mooney’s Bay Hill has been a sanctioned and unsanctioned hill for tobogganing; and

WHEREAS similar to other hills both under the authority of the City, but also the NCC, steps have been taken to reduce the risks of injury at Mooney’s Bay by adding hay bales, wrapping trees and posts in padding, adding signage on location and physically altering the north side of Mooney’s Bay Hill by adding a pronounced berm at the bottom to help reduce the speed of tobogganers; and

WHEREAS the tragic death of eleven-year-old Josée Abi Assal on December 27, 2021, had a number of contributing factors including weather conditions and steel posts left in place at the base of the west facing side of the Hill,

WHEREAS a professional assessment of the Hill’s current state identified a number of risks associated with tobogganing; and

WHEREAS tobogganing at Mooney’s Bay has occurred for decades and there is a strong public desire to retain tobogganing on site; and

WHEREAS there is no financial cost to visit the Hill and Mooney’s Bay is a well visited site by many new Canadians and those who partake in activities that are free; and

WHEREAS Ottawa Public Health recognizes that physical activity and spending time outdoors are important to our wellbeing and mental health;

1. THEREFORE BE IT RESOLVED that the Recreation, Cultural and Facility Services (RCFS) Department be directed to re-open, as reasonably safe for tobogganing, a reduced portion of the north facing side of Mooney’s Bay Hill for the 2022-2023 winter season and physically block off all other sides of the hill, including the north-west and west facing sides for tobogganing,
2. BE IT FURTHER RESOLVED that RCFS develop options to physically modify the north-facing side of the hill that would result in a portion of Mooney’s Bay Hill being reinstated as a sanctioned tobogganing site,
3. BE IT FURTHER RESOLVED that an update with possible recommendations be presented to the appropriate standing committee by Q4 2023.

Recommendation 1 was divided for voting purpose, Lost on a division of 11 yeas to 12 nays.

WHEREAS the 2022-2026 Council Governance Review report outlines the requirement of the budget process for the Chief Financial Officer/Treasurer to annually present a directions report that details the budget timetable and provides budget directions in advance of each budget; and

WHEREAS the Proposed 2023 Budget Directions, Timeline and Consultation Process report outlines that City user fees and charges increase in accordance with the direction outlined in the Fiscal Framework or the Long Range Financial Plans; and

WHEREAS the Fiscal Framework sets the principles and recovery targets for municipal user fees. In general, the rate of increase in user fees is to be in relation to the cost increases associated with providing the service within the cost recovery; and

WHEREAS the Proposed 2023 Budget Directions, Timeline and Consultation Process report recommends the 2023 transit fare increase of 2.5 per cent will be included in the budget as it is consistent with Council direction provided through the 2019 Transit LRFP; and

WHEREAS many residents struggle with an ongoing affordability crisis amid an uncertain economic climate and require safe and affordable city services;

THEREFORE BE IT RESOLVED that the 2023 budget will include a transit fare freeze for one year, including seniors’ pass, EquiPass, and youth fares.

WHEREAS the 2022-2026 Council Governance Review report outlines the requirement of the budget process for the Chief Financial Officer/Treasurer to annually present a directions report that details the budget timetable and provides budget directions in advance of each budget; and

WHEREAS the Proposed 2023 Budget Directions, Timeline and Consultation Process report outlines that City user fees and charges increase in accordance with the direction outlined in the Fiscal Framework or the Long Range Financial Plans; and

WHEREAS the Fiscal Framework sets the principles and recovery targets for municipal user fees. In general, the rate of increase in user fees is to be in relation to the cost increases associated with providing the service within the cost recovery; and

WHEREAS the COVID – 19 pandemic has had a significant impact on young people and has amplified issues of children and youth mental health, anxiety and food related disorders; and,

WHEREAS the pandemic has resulted in limited access to recreational programs and services for many children and young people in certain areas of the city; and

WHEREAS inflation has had a significant financial impact on families across Ottawa;

THEREFORE BE IT RESOLVED that the 2023 youth recreational programing costs be decreased by 10% in recreation programs targeted to children and youth and that staff be directed to bring forward options to achieve the decreased costs through initiatives to offer free or low-cost sessions for children and families in participatory activities such as public swimming, public skating, or to increase existing participant subsidization entitlements for low income families.

WHEREAS the City of Ottawa hosted a Rural Summit in November 2005 to address the results of the City’s 2004 Citizen Satisfaction Survey, which identified that Ottawa’s rural residents were significantly less satisfied with municipal services than urban residents; and

WHEREAS the first Rural Summit resulted in many improvements and new initiatives for rural Ottawa, including the creation of the Rural Affairs Office, an enhanced role of the Agriculture and Rural Affairs Committee to provide Council with advice on Ottawa’s rural economy and issues affecting rural residents, and the establishment of the Rural Association Partnership Program; and

WHEREAS the City hosted a second Rural Summit in April 2008 which served as an opportunity for rural residents and representatives of rural organizations from across Ottawa to reconvene to discuss ways of further improving networking and continue to build on the strengths of rural communities; and 

WHEREAS the City of Ottawa has not hosted a Rural Summit for the past three terms of Council; and

WHEREAS issues impacting rural residents have continued to evolve since the last Rural Summit, including recent modifications to the City of Ottawa’s Urban Boundary and potential changes to the protection of rural lands proposed in Bill 23 (More Homes Built Faster Act);

THEREFORE BE IT RESOLVED that Council direct staff to report back to the Agriculture and Rural Affairs Committee by Q2 2023 with options to host a Rural Summit during the 2022-2026 Term of Council.

WHEREAS Council approved on March 26, 2014, that as a condition of the rezoning of lands at municipal address 1040 Somerset Street West the owner was required to enter into an agreement pursuant to Section 37 of the Planning Act, as it then read, to provide community benefits consisting of a $500,000 payment to be allocated towards improvements to the Tom Brown Arena, included but not limited to, a stairway connection to the Albert Street bridge; and

WHEREAS a site plan application for this development was dormant for some time but the owner is now proposing to move forward with the development; and

WHEREAS the needs of the community have changed since the agreement was entered into; 

THEREFORE BE IT RESOLVED THAT Council approve an amendment to the existing agreement replacing the original community benefits with a payment of Five Hundred Thousand Dollars ($500,000) plus indexing to be allocated as follows:

1. a cash contribution of One Hundred and Fifty Thousand Dollars ($150,000.00) towards road modifications of a signalized intersection at the corner of Somerset Street West and Breezehill Avenue North; and
2. a cash contribution of Three Hundred and Fifty Thousand Dollars ($350,000.00) towards the Hintonburg Park Fund; and

BE IT FURTHER RESOLVED THAT staff be directed to take necessary steps to finalize an agreement incorporating this amended term, and any other required amendments, and register the said agreement on title.

WHEREAS the development of a single use plastics reduction strategy for city facilities and operations has been prioritized as an initiative in the solid waste master plan; and,

WHEREAS the final Master Plan will be tabled for Council consideration in 2023; and,

WHEREAS municipalities in Ontario and Canada in particular are limited in their regulatory abilities to completely eliminate plastic waste as it is a complex issue, requiring collaboration between all levels of government as well as industry; and,

WHEREAS Members of Council and staff continue to advocate our Federal and Provincial Government partners and industry to support reducing these materials;

THEREFOR BE IT RESOLVED that staff be directed to review all avenues within municipal jurisdiction to eliminate plastic waste in city facilities within the next term of council or as soon as is practicable; and

BE IT FURTHER RESOLVED that the goals and directions of the Solid Waste Master Plan supports the direction of reducing waste and increasing diversion of waste, including plastic waste, with the aim to promote the broader elimination of single use plastics within the community; and,

BE IT FURTHER RESOLVED that the city Immediately cease the purchase of single-use plastics such as straws and stir sticks whenever possible; and,

BE IT FURTHER RESOLVED that staff strive to reduce the impact of plastic waste on the natural environment by encouraging ways, (through recycling for example and highly engineered landfill waste management) to prevent it’s use and mitigate the secondary effects from polluting the natural environment and that staff report back on their efforts by Q1 2025 to the appropriate standing committee.

WHEREAS the City of Ottawa currently manages a significant number of projects, including several over $100 million, including the Ottawa Public Library and Library and Archives Canada Joint Facility, Ādisōke, the Lansdowne Park Revitalization, the Stage 2 Light Rail Transit project; and  

WHEREAS the recently released Final Report of the OLRT Public Inquiry Commissioner outlined numerous issues with project management, including those related to costing, scope, procurement, stakeholder, issue and risk management; and

WHEREAS the City’s report presented to the Finance and Economic Development Committee (FEDCO) on November 9, 2022, titled, “Update on the Ottawa Light Rail Transit Public Inquiry and Recommended Next Steps”, included the following recommendation: 

Recommendation 3: Direct the Chief Financial Officer, in consultation with other City departments, to consider the lessons learned and any final recommendations from the OLRT Public Inquiry related to internal project governance and communications for major projects as part of the ongoing review of the City’s Business Case and Project Management Policy and Project Management Framework, as described in this report; and

WHEREAS the City of Ottawa currently has no Enterprise Project Management Office that provides oversight of all project initiatives

THEREFORE BE IT RESOLVED that Staff consider the implementation of tiering and gating as part of its review of the City’s Business Case and Project Management Policy and Project Management Framework

BE IT FURTHER RESOLVED that as part of its review of the City’s Business Case and Project Management Policy and Project Management Framework, staff consider examine an option to have an independent enterprise project management office established within the City to ensure oversight and respect for project management practices; and 

BE IT FURTHER RESOLVED that Staff consider criteria for when to undertake an independent review during the project; and

BE IT FURTHER RESOLVED that Council direct the Acting Chief Financial Officer to bring the proposed amendments to the Business Case and Project Management Policy and Project Management Framework to the Finance and Economic Development Committee and Council for consideration and approval. 

WHEREAS the City of Ottawa has historically taken advantage of provincial development incentive grant programs including Brownfield Grant Program and the Community Improvement Plan; and,

WHEREAS staff is currently preparing a program review and update for the Brownfield and Community Improvement Plan and a report is anticipated in Q2 2023; and

WHEREAS the city remains committed to bring forward a revitalized and refreshed economic development strategy, Official Plan and Climate Change Master Plan; and

WHEREAS current programs need to be reviewed in the context of these plans and specifically the new Official Plan (transit supportive, affordable housing, climate change and energy evolution); and,

WHEREAS Brownfield and Community Improvement Plan (CIP) has been in place for a number of years with the goal to stimulate business investment in specific identified areas and to encourage rehabilitation, redevelopment, and revitalization of the existing built environment with limited impact; and,

WHEREAS a Community Improvement Plan (CIP) specific for affordable housing is currently in development and was intended to be an implementation tool to establish the most effective incentives for the delivery of affordable rental and ownership units throughout our community; and,

WHEREAS the Province of Ontario has introduced Bill 23, the More Homes Built Faster Act, 2022  and, Bill 109 More Homes for Everyone Act, 2022,  which proposes extensive changes to several Acts and regulations including the Development Charges Act, Planning Act, Municipal Act; and,

WHEREAS Development Charges are critical to build the infrastructure needed to support development; and,

WHEREAS there are concerns that the recent provincial legislative changes would have significant impacts on municipal planning, financing, processes, and operational matters;

THEREFOR BE IT RESOLVED that the City’s Brownfield and Community Improvement Plan program be suspended effective immediately pending a full evaluation of these programs in light of the significant legislative changes occurring in Ontario related to provincial development charges programs and that staff report back in 2023 on the return on investment of continuing these programs in the current legislative and financial climate and that this review include options for the delivery of incentives for affordable housing, including not for profit rental and ownership units throughout the City.

WHEREAS on December 19, 2012, Council approved the report entitled, “Design, Build, Finance and Maintenance of Ottawa’s Light Rail Transit (OLRT) Project”; and  

WHEREAS Council delegated to the City Manager the authority to negotiate, approve, execute, deliver, amend and extend the Project Agreement and associated ancillary agreements for the OLRT Project, subject to the terms and conditions described in that report; and 

WHEREAS on March 9, 2022, Council approved Motion 29/2 directing staff to issue a Notice of Default to Rideau Transit Group (RTG) in accordance with the Project Agreement and ask for a remedial plan and schedule for remediation of its defaults, and delegated the authority to the City Manager to take any other actions required under the Project Agreement to give effect to Council’s decision; and 

WHEREAS on October 13, 2021, Council directed staff to deliver a Notice of Dispute under the Project Agreement with respect to RTG Defaults, have the Defaults confirmed through the contractual dispute resolution process in the Agreement including, as necessary, asking the Court to confirm the validity of the RTG defaults and report back to Council on the outcomes of these actions; and

WHEREAS the 2022-2026 Council has now been provided with an in camera update on the various legal disputes arising from the Stage 1 LRT Project Agreement; and 

WHEREAS the Ottawa LRT Commission Public Inquiry recently released its final report and included information that the City lessened the project agreement requirements for accepting the system at Revenue Service Availability, changed the project agreement requirement for total number of trains on the line to open the system and that The Commission found that memorandum from the city manager sought to deliberately “disseminate misinformation and hide critical facts from Council” so that Councillors could not properly exercise their oversight function; and  

WHEREAS the Delegation of Powers Policy provides that all delegation of powers and duties may be changed by Council at any time;  

THEREFORE BE IT RESOLVED that Council revoke the Delegated Authority to the Interim City Manager with respect to Stage 1 LRT Project Agreement amendments and direct the Interim City Manager to bring forward to Council for approval any required amendments related to the Stage 1 LRT Project Agreement; and    

BE IT FURTHER RESOLVED that the Interim City Manager be directed to bring forward to Council a revised proposal for Delegated Authority with respect to the Project Agreement that would permit Council to retain substantive decision-making while ensuring minor or technical matters could continue to be managed by the subject matter expert staff. 

WHEREAS as of January 01, 2023, provincally-mandated review timelines enacted through Bill 109 for site plan control applications will be in effect; and

WHEREAS staff, pursuant to report ACS2022-PIE-GEN-0011 approved by Council on July 6, 2022, will return to Council with the Phase II report concerning Bill 109 in early 2023;

WHEREAS By-law 2009-320 requires that only site plan control applications which require public consutation pursuant to Section 41 of the Planning Act must submit a pre-consultation application; and 

WHEREAS staff has identified that Section 41 of the Planning Act does not require any site plan control applications to undertake pre-consultation and this statement in By-law 2009-320 is in error.

THEREFORE BE IT RESOLVED THAT Council approve amending By-law 2009-320 by striking the words “where public consultation is required pursuant to section 41 of the Planning Act” as contained in Section 2(c) of the By-law. 

WHEREAS Ottawa City Council passed the residential Vacant Unit Tax (VUT) on March 23, 2022; 

WHEREAS the VUT requires all 330,000+ residential property owners in Ottawa to proactively file a yearly declaration with the City of Ottawa;

WHEREAS failure to file a declaration will result in property owners facing: first a $250 fine (waived for 2023); and their property being deemed vacant and subject to the VUT;

WHEREAS the new VUT is the only tax or service administered by the City of Ottawa that follows this model: a yearly, reverse-onus-style approach required for all residential property owners;  

WHEREAS the annual declarations will primarily be made online, with only limited options made available for accessibility and those who cannot access the internet;

WHEREAS this program ultimately disadvantages seniors, snowbirds, deployed military service personnel, those with disabilities, new Canadians, those with limited access to computers and/or the internet; etc. 

WHEREAS the number of vacant properties ultimately subject to the VUT, was preliminarily estimated to be less than 2,500 units, between 0.5% and 0.75% of all 330,000+ residential units required to now make the annual declaration; 

THEREFORE BE IT RESOLVED that staff report back to Council via memo, no later than June 30, 2023, with data related to the Vacant Unit Tax regarding: 

• The number of declared vacant units;
• The number of deemed vacant units, due to no declaration being submitted by a property owner;
• The number of late declarations from property owners;

BE IT FURTHER RESOLVED that staff report back to Council via memo, no later than October 30, 2023, with the preliminary data related to the Vacant Unit Tax regarding:

• The number of Notices of Complaint received by the September 15th deadline (regardless of their assessment status);
• The number of presumed final vacant units – those declared and/or not having their deemed vacant status contested;
• The number of properties that would be subject to the waived late fees, as well as the dollar value of said fines;
• The number of the complaints and/or inquiries received from residents regarding the new VUT program. 
• The number of declaration audits underway 

THEREFORE BE IT RESOLVED THAT By-law No. 2008-250 be amended to enact a holding symbol on the lands known municipally as 325, 327, 333 Montreal Road, 334 Montfort Street and 273 Ste. Anne Avenue.

That the by-laws listed on the Agenda under Motion to Introduce By-laws, Three Readings, be read and passed.

2022-397.    A by-law of the City of Ottawa to amend By-law No. 2017-180 respecting the appointment of Municipal Law Enforcement Officers in accordance with private property parking enforcement.
2022-398.    A by-law of the City of Ottawa to designate certain lands at avenue Brian Good Avenue on Plan 4M-1672 and avenue Solarium Avenue on Plan 4M-1688 as being exempt from Part Lot Control.
2022-399.    A by-law of the City of Ottawa to amend By-law No. 2019-397, designating community safety zones throughout the City of Ottawa.
2022-400.    A by-law of the City of Ottawa to designate certain lands at promenade Cope Drive, place Paseana Place, chemin Rouncey Road and avenue Tapadero Avenue on Plan 4M-1637, as being exempt from Part Lot Control.
2022-401.    A by-law of the City of Ottawa to establish certain lands as common and public highway and assume them for public use (Deslauriers Circle, Jordan Gate).
2022-402.    A by-law of the City of Ottawa to designate certain lands at place Shallow Pond Place, terrasse Blossom Pass Terrace, ruelle Little Lake Lane and terrasse Idyllic Terrace, Plan on 4M-1707, as being exempt from Part Lot Control.
2022-403.    A by-law of the City of Ottawa to designate certain lands at promenade Kelly Farm Drive, croissant Nepeta Crescent and promenade Barrett Farm Drive, Plan 4M-1640, as being exempt from Part Lot Control.
2022-404.    A by-law of the City of Ottawa to designate certain lands at croissant Ormiston Crescent and voie Fenwick Way on Plan 4M-1708 as being exempt from Part Lot Control.
2022-405.    A by-law of the City of Ottawa to amend By-law No. 2008-250 to remove the holding symbol from the lands known municipally as 400, 402, 412, 416, 420, 421, 424, 428, 432, 436 Ginger Crescent, and 1701 Metcalfe Farm Drive.
2022-406.    A by-law of the City of Ottawa to designate certain lands at ruelle Main Halyard Lane on Plan 4M-1709 as being exempt from Part Lot Control.